Divorce Types in North Carolina
It’s not easy to make the difficult decision to get a divorce, especially when there is a wide array of information and laws you need to know before you can file. Filing for divorce can be confusing because of the different terms used to file under.
The good news is you have options to choose which route you want to take in your divorce that can work in your best interests. Read more as we explain the different categories as well as which may best suit your case.
Divorces from Bed and Board
Although the name implies that this is a form of divorce, divorce from bed and board is a form of separation. This type of separation is limited and only available for you if you experienced extreme circumstances that lead you to divorce, such as adultery.
Under divorce from bed and board, you can file for a regular separation agreement with help from an attorney. Having an attorney file your paperwork can give you the opportunity to negotiate property division and temporary spousal support before your divorce, called post-separation support.
After you have separated through a divorce from bed and board, you would still have to wait one full year before you can file for your divorce.
Uncontested and No-Fault Divorces
North Carolina joins most states by giving couples the option to get a simple divorce. In North Carolina, an uncontested divorce is another term used for “no-fault” divorce, which can be filed for irreconcilable differences.
You can file for an uncontested divorce on no-fault grounds. This means neither you nor your spouse has to prove that anyone was at fault or the cause of your marriage ending to get a divorce.
While this is a good and easy solution, there are still some things that will need to be done with the court. For example, if you want to seek spousal support or property division, you would need to get a divorce settlement agreement.
It’s not uncommon for people to grow apart and want to go their separate ways. If you and your spouse have both come to the conclusion that your marriage has ended, and you want a quick and simple solution, this option may be a good fit for you.
Contested and Fault Divorces
What if you want to get a divorce and your spouse doesn’t? It’s possible that your spouse isn’t ready to let go of the marriage, or maybe they’ve done something that makes you want to end the relationship, for example:
They committed adultery.
Your spouse abandoned you.
They are currently incarcerated.
You’re a victim of domestic abuse.
In the end, North Carolina is a no-fault divorce state, which means you don’t have to put extra pressure on yourself to prove your spouse did something wrong. When you file for divorce, you can simply file for irreconcilable differences as the reason for your divorce.
Waiting Period for Divorce in North Carolina
There is a mandatory separation period before couples can file for divorce. You would be obligated to abide by a one-year separation period rule before you can file for divorce.
You would need to show the court that you and your spouse lived in North Carolina for at least six months after you filed for divorce. Once you have proved your residency, you would need to prove that you and your spouse have lived in separate homes at different addresses during the separation period. And you and your spouse would have to agree and inform the court that both parties plan on living separate and apart beyond the separation period.
File for Divorce with a Charlotte Family Law Attorney
No matter where you are in your divorce, whether you’re in the beginning stages, or you need an attorney to help you fight for assets, child custody, or spousal support, our attorneys at Rech Law, P.C. are available to help you.
Contact us at (704) 659-0007 to discuss your divorce case today.